Italy: Anti-terrorist law amendments - exceptional but permanent
01 November 2005
The attacks on the London transport system on 7 July 2005 produced a knee-jerk reaction by the Italian authorities, because the country seemed a likely target for terrorist attack in view of its ongoing support for the war on Iraq. This led to hundreds of searches and the expulsion of Muslims suspected of involvement in "radical activities" or of immigration offenses. The anti-terrorist law was also amended, introducing stringent measures on a permanent basis within a month.
On 1 August 2005, the new measures came into force only five days after the government had presented the decree that the Council of Ministers (the Italian cabinet) approved on 22 July 2005. Guiseppe Pisanu, the interior minister, explained that measures in the decree's 19 articles were not "exceptional" but rather, an:
intervention to make existing norms sharper and more incisive in the fight against terrorism
The claim sought to reduce concern over the measures that were to be adopted, but a closer reading suggests that it features the adoption of "exceptional" measures on a permanent basis. One measure that is time-tied will make data retention compulsory until 31 December 2007.
Significant amendments include the limiting of judicial oversight (which is often replaced by ministerial oversight) over expulsions and investigative activities; powers given to the army to search and detain terrorist suspects; the sanctioning of a departure from ordinary procedure for practices such as detention, searches, surveillance or the adoption of restrictive measures in cases involving terrorist offenses; the expansion of the definition of terrorist conduct in line with the definition adopted at an EU level (including "apología" or justification), and increased punishment for individuals contravening restrictive measures imposed upon them.
The measures apply to internal terrorism, or terrorist activity against other countries or international organisations (the last two were first introduced in Italy following the 11 September attacks in the USA, see
Statewatch Vol. 11 no 5). In the first place, they limit judicial oversight and remove some guarantees for suspects (extending the period of initial incommunicado questioning from 12 to 24 hours) and remove legal restrictions applying to the expulsion of foreigners whose presence in the country is deemed to benefit terrorism "in any way" (potentially on the basis of secret evidence). The Interior Minister or
prefetto (in charge of security in a given city) will be able to order expulsions, and the adopted text expressly states that appeals will not result in a suspension of the expulsion. The possibility of obtaining long term residence permits is introduced for "illegal" migrants who cooperate with authorities by providing information to combat terrorist activities, and a special license is required for any kind of establishment where telephones or computer terminals are made available for use by the public, customers or members (except for public payphones, but applicable to call centres). This involves a regime whereby, for example, people using a computer terminal in an Internet café will have to identify themselves before logging on.
Other measures that were introduced include the extension of powers to intercept communications for the secret services and increased sanctions against people "taking part in public demonstrations...in public spaces...using helmets or with the face partially or completely covered" (from prison terms of one to six months and fines of between 25 and 100 Euros - to one to two years imprisonment and fines of between 1,000 and 2,000 Euros). Criminal offenses such as forging documents or assisting illegal immigration are linked more closely to terrorism in the amendments, and are likely to result in higher sentences. They will be investigated using the new powers that have been introduced to combat terrorism to see if any kind of link, however re